Hollinger Corp. 
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Official Circular 
1911 



Issued to Boards of Education in 
Ohio by the State Commissioner 
of Common Schools with the 
Full Text of the : : : : : 



School Book 



Law 



As Amended May 9, 1908 



And the Names and Addresses 
of all Publishers Who Have 
Agreed in Writing to Furnish 
Their Publlications upon the 
Terms Prescribed in the Law 



Columbus, Ohio 

The F. J. Heer Printing Co. 

1911 



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OFFICE OF THE 

STATE COMMISSIONER OF COMMON SCHOOLS. 

Columbus, Ohio, June 15, 191 1. 

To Boards of Education in Ohio : 

The following is the full text of the School Book Law : 

Section 7709. Any publisher or publishers of school- Filing and 
books in the United States desiring to offer school-books Sf eS copfes°and 
for use bv pupils in the common schools of Ohio as herein- prices of 

r • 1 " j 1 r 111 1 1 r n 1 1 school-books. 

atter provided, before such books may be lawtully adopted 
and purchased by any school board, must file in the office of 
the state commissioner of common schools, a copy of each 
book proposed to be so offered, together with the published 
list wholesale price thereof. No revised edition of any such 
book shall be used in common schools until a copy of such 
edition has been filed in the office of the commissioner to- 
gether with the published list wholesale price thereof. The 
commissioner must carefully preserve in his office all such 
copies of books and the prices thereof. (92 v. 282 § 1.) 

Section 7710. When and so often as any book and the Maximum 
price thereof is filed in the commissioner's office as provided cauon of° pub- 
in the next preceding section, a commission consisting of the lisher - 
governor, secretary of state and state commissioner of com- 
mon schools, immediately shall fix the maximum price at 
which such books may be sold to or purchased by boards 
of education, as hereinafter provided, which price must not 
exceed seventy-five per cent, of the published list wholesale 
price thereof. The state commissioner of common schools 
immediately shall notify the publisher of such book so filed, 
of the maximum price fixed. If the publisher so notified, 
notifies the commissioner in writing- that he accents the 
price fixed, and agrees in writing to furnish such book dur- 
ing a period of five years at that price, such written ac- 
ceptance and agreement shall entitle the publisher to offer 
the book so filed for sale to such boards of education. (92 
v. 282 § 2.) 

State commissioner of common schools not authorized to perrail pub- 
lishers to withdraw books after they have been Jisted, betore expiration of 
contract. Com. 

Section 771 1. Such commissioner, during the first Notices 
half of the month of June, in each year, must furnish to boards - 
each board of education the names and addresses of all 
publishers who during the year ending on the first day of 
the month of June in each year, agreed in writing to fur- 
nish their publications upon the terms above provided. A 
board of education shall not adopt or cause to be used in the 
common schools any book whose publisher lias not complied, 
as to such book, with the provisions of law relating there- 
to. (92 v. 282 § 3.) 



Violation of 
agreement by 
publisher. 



Text-books; 
how deter- 
mined; five- 
year term. 



Text-books, 
of whom 
ordered. 



Board of 
education, 
power and 
duties of. 



Section 7712. If a publisher who agreed in writing 
to furnish books as above provided, fails or refuses to fur- 
nish such books adopted as herein provided to any board of 
education or its authorized agent upon the terms herein 
provided, such board at once must notify such commission 
of such failure or refusal, and it at once shall cause an in- 
vestigation of such charge to be made. If it is found to be 
true the commission at once shall notify, such publisher and 
each board of education in the state that such book shall not: 
thereafter be adopted and purchased by boards of education. 
Such publisher shall forfeit and pay to the state of Ohio five 
hundred dollars for each failure, to be recovered in the name 
of the state, in an action to be brought by the attorney- 
general, in the court of common pleas of Franklin county, 
or in any other proper court or in any other place where 
service can be made. The amount, when collected, must 
be paid into the state treasury to the credit of the common 
school fund of the state. (92 v. 282 § 4.) 

Section 7713. At a regular meeting, held between the 
first Monday in February and the first Monday in August, 
each board of education shall determine by a majority vote 
of all members elected the studies to be pursued and which 
of such text-books so filed shall be used in the schools under 
its control. But no text-books now in use or hereafter 
adopted shall be changed, nor any part thereof altered or re- 
vised, nor any other text-book be substituted therefor for 
five years after the date of the selection and adoption there- 
of, as shown by thcofficial records of such boards, except 
by the consent at a regular meeting, of five-sixths of all 
members elected thereto. Books so substituted shall be 
adopted for the full term of five years. (99 v. 460 § 5.) 

Injunction lies to restrain illegal change in school text-books. Lenhart 
v. Newton Tp. (Bd. of Ed.) 18 Dec. 825 (5 N. S., 129). 

Section 7714. Each board of education shall cause 
it to be ascertained, and at a regular meeting determine 
which, and the number of each of such books the schools 
under its charge require, and cause an order to be drawn 
for the amount in favor of the clerk of the board of educa- 
tion, payable out of the contingent fund. Such clerk at once 
shall order the books so agreed upon by the board, of the 
publisher, who on the receipt of such order must ship them 
to the clerk without delay. He forthwith shall examine the 
books, and, if found right and in accordance with the order. 
remit the amount to the publisher. The board of education 
must pay all charges for the. transportation of the books, 
out of the school contingent fund. But if such boards of 
education at any time can secure of the publishers books at 
less than such maximum price, thev shall do so, and with- 
out unnecessary delay may make effort to secure such lower 
price before adopting any particular text-book. (99 v. 

460 § 5-) 

Section 7715. Each board of education shall make 
all necessary provisions and arrangements to place the books 
so purchased within easy reach of and accessible to all the 



pupils in their district. For that purpose it may make such 
contracts, and take such security as it deems necessary, for 
the custody, care and sale of such books and accounting 
for the proceeds ; but not to exceed ten per cent, of the cost 
price shall be paid therefor. Such books must be sold to 
the pupils of school age in the district, at the price paid 
the publisher, and not to exceed ten per cent, therefor add- 
ed. The proceeds of sales shall be paid into the contingent 
fund o'f such district. Boards also may contract with local 
retail dealers to furnish such books at prices above specified, 
the board being still responsible to the publishers for all 
books purchased by it. (99 v. 460 § 5.) 

Section 7716. When pupils remove from any district, old books. 
and have text-books of the kind adopted in such district i )urchase of - 
and not the kind adopted in the district to which they re- 
move, and wish to dispose of them, the board of the district 
from which they remove, if requested, shall purchase them 
at the fair value thereof, and resell them as other books. 
Nothing herein shall prevent the board of education from 
furnishing free books to pupils as provided by law. (99 v. 
460 § 5.) 

Section 7717. For the purpose of carrying into effect Appropriation.. 
the foregoing provisions, and paying the expenses incident 
thereto, there is hereby appropriated out of any money in the 
state treasury, to the credit of the general revenue fund. 
not otherwise appropriated, the sum of five hundred dollars, 
to be disbursed and paid on the allowance and order of the 
commissioner of common schools. (99 v. 460 § 5.) 

Section 7718. A superintendent, supervisor or princi- Sa]es agents. 
pal, employed by any board of education in the state shall who may 
not act as a sales agent, either direct!)' or indirectly., for any 
person, firm or corporation whose school text books are filed 
with such state commissioner, for use in the public schools 
of the state, as provided by law. A violation of this pro- 
vision shall- work a forfeiture of their certificates to tench in 
the public schools of Ohio. (99 v. 460 § 5.) 

Penalty for bribery in sale of text-books and school apparatus, see Sec- 
tions 12931 and 12932. 



COURT DECISIONS. 

Where the committee on text books of a school board recommended the- 
adoption of a certain series of books, and the school board amended the 
report and then adopted it, this "determines" the books to be used under 
R. S., Sec. 4020-14 (7713 G. C), and exhausts the power to change them, and 
a majority vote ten days afterwards to reconsider is a nullity. 35 O. S., 368. 

The adoption of the books being in connection with a proposition of the 
publisher, its terms as to prices are conditions of the adoption. Id. 

A rule of the board, that resolutions for changing text-books shall be 
referred to a committee and delayed four weeks, is a reasonable one under 
R. S., Sec. 3985 (4750 G. C.), and binding. Nor can a bare majority abrogate 
it, for Sec. 3982 (4752 G. C), must be construed with Sec. 3985 (4750 G. C.). 
Hence, an adoption of a text-book by a majority without reference to the 
committee and four weeks' delay, will not be enforced by mandamus on the 
application of a parent who has purchased the new books. 2 C. C, 510. 

LIST OF PUBLISHERS. 

In accordance with the provisions of Section 7711 of this law, I hereby 
notify you that the following publishers of school books have complied with 
the provisions of the law, and are therefore entitled to offer for sale, to boards 
of education, for use by the pupils in the schools, such books of their publica- 
tion as have been authorized by the school book commission: 

Acme Publishing Co Morgantown, W. Va . 

Ainsworth & Co Chicago, 111. 

Allyn & Bacon Chicago, 111. 

American Book Co Cincinnati, Ohio. 

D. Appleton & Co Chicago, 111. 

Atkinson, Mentzer & Grover Chicago, 111. 

Atlas School Supply Co Chicago, 111. 

The Baker & Taylor Co New York City. 

A. S. Barnes & Co New York City. 

Arthur J. Barnes • • St. Louis, Mo. 

The Berlitz School of Languages Cincinnati, Ohio. 

Alfred J. Beirly Chicago, 111. 

C. C. Birchard & Co Boston, Mass. 

F. H. Bliss Publishing Co x Saginaw, Mich. 

The Bobbs-Merrill Co Indianapolis, Ind. 

Burrows Bros Cleveland, Ohio. 

The Century Co New York City. 

The John Church Co. Cincinnati, Ohio. 

The C. M. Clark Publishing Co Boston, Mass. 

Sherwin Cody Chicago, 111. 

D. W. Crist : Moultrie, Ohio. 

Creg B. Darby . Mt. Victory, Ohio. 

Dement Publishing Co Chicago, 111. 

Thomas J. Donlan Boston, Mass. 

Doubleday, Page & Co New York City. 

Eaton & Co Chicago, 111. 

Echo Music Co Chicago. 111. . 



Educational Association Chicago, 111. 

Educational Publishing Co . Columbus, Ohio. 

Ellis Publishing Co Battle Creek, Mich. 

The Ellsworth Co Mont Vale, N. J. 

A. Flanagan & Co Chicago, 111. 

Funk & Wagnalls Co New York City. 

Ginn & Co . Columbus, Ohio. 

Globe School Book Co New York City. 

Goodyear-Marshall Publishing Co Cedar Rapids, Iowa. 

Andrew J. Graham & Co New York City. 

Gregg Publishing Co Chicago, 111. 

-Grosset & Dunlap New York City. 

Hariscn, Wm. Beverley New York City. 

Harper & Bros -. ' New York City. 

D. C. Heath & Co Chicago, 111. 

The Hedges Publishing Co Columbus, Ohio. 

H. D. Hemenway Xcrthampton, Mass. 

.Hinds, Noble & Eldredge New York City. 

Henry Holt & Co Chicago, 111. 

Houghton Mifflin Co Boston, Mass. 

Hope Publishing Co Chicago, 111. 

Frank V. Irish Chicago, 111. 

Jennings Publishing Co Biooklyn, N. Y. 

B. F. Johnson Publishing Co. . Richmond, Va. 

Johnson, Blagden & McTurnan Chicago, 111. 

L. J. Kemp Ada, Ohio. 

L. E. Knott Apparatus Co Boston, Mass. 

Laird & Lee Chicago, 111. 

J. B. Lippincott & Co Philadelphia, Pa. 

Little, Brown & Co Boston, Mass. 

Longmans, Green & Co • New York City. 

Lothrop, Lee & Shepard Co Boston, Mass. 

J. D. Luse Columbus, Ohio. 

"'J. A. Lyons & Co Chicago, 111. 

The Macmillan Co Chicago, 111. 

Chas. E. Merrill & Co • • . . New York City. 

E. N. Miner New York City. 

Musick, W. L •• St. Louis, Mo. 

Isabel Howard Neff Cincinnati, Ohio. 

Kewson & Co New York City. 

Orange Judd Co - • New York City. 

Oxford University Press New York City. 

Eli Lawrence Payne Emporia, Kansas. 

Phonographic Institute Co Cincinnati, Ohio. 

Practical Text Book Co Cleveland, Ohio. 

The Prang Educational Co Chicago, 111. 

Public School Publishing Co • • Bloomington, 111. 

G. P. Putnam's Sons New York City. 

Rand, McNally & Co Chicago, 111. 

Geo. D. Rathbun Ottawa, Kansas. 

Row, Peterson & Co Chicago, III. 

5 The H. M. Ro we Co Baltimore, Md. 

The Saalfield Publishing Co Akron, Ohio. 

Benj. H. Sanborn & Co Chicago, 111. 



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021 490 333 7 



Chas. Schovanek Cleveland, Ohio. 

Scott, Foresman & Co Chicago, 111. 

Charles Scribner's Sons - New York City. 

'Sibley & Co Chicago, 111. 

Silver, Burdett & Co Chicago, 111. 

Parker P. Simmons New York City. 

J. H. Snyder Tiffin, Ohio. 

South-Western Publishing Co Knoxville, Tenn. 

Christopher Sower Co Philadelphia, Pa. 

E. Steiger & Co New York City. 

J. M. Stradling & Co New York City. 

Stewart & Glover Akron, Ohio. 

The Taylor-Holden Co Springfield, Mass. 

University Publishing Co Lincoln, Neb. 

University of Chicago Press Chicago, 111. 

A. C. Van Sant Omaha, Neb. 

H. C. Walker St. Louis, Mo. 

The Webb Publishing Co St. Paul, Minn. 

L. S. Wells Columbus, Ohio. 

W. H. Wheeler & Co . . . Chicago, 111. 

Wooster & Co Chicago, 111. 

World Book Co Yonkers, N. Y. 

Zaner & Bloser Columbus, Ohio. 

"Johnson, Blagdeu & McTurnan are successors to Thompson, Brown & Co.* 
-J. A. Lyons & Co. are successors to Powers & Lyons. 
: 'The H. M. Rowe Co. was formerly The Sadler-Rowe Co. 
4 Benj. H. Sanborn & Co. are the western agents for Sibley & Co. 

Books formerly listed by Daniel W. Lothman, Cleveland, Ohio, are now listed by Ginn 
& Co. 

Each publisher named above has been furnished with a duplicate of the 
aforesaid list of his books on file with the commission, together with the maxi- 
mum price of each publication. The maximum price of any text-book offered 
for adoption may be obtained by applying to the office of the Commissioner 
of Common School or the publisher of such text-book. 

Your attention is hereby especially called to the fact that the law re- 
quires boards of education in all school districts to adopt for a period of 
five years all text-books regularly used in the schools. The clerk of the 
board of education should make a careful record of such adoption, showing 
the time when the meeting was held, the names and prices of books adopted, 
and the manner in which the vote was taken, as well as the result of the vote. 

Section 7714 of the Ohio School Book Law also makes it the duty of 
the board to determine the kind and number of books to be used and to 
order the same through its clerk, an agent appointed for that purpose, or 
a local retail dealer with whom a contract may have been made to furnish 
books to pupils at a rate not to exceed ten per cent, advance upon the cost 
price. 

In all cases, the board of education is responsible to the publishers for 
all books purchased by said board of education. 

JOHN W. ZELLER, 

Commissioner. 



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